People v. Minniefield

(Court opinion corrected 1/27/15.) Defendant was convicted, after jury trial, of first degree murder. Defense counsel's decision to not request involuntary manslaughter jury instruction was a strategy decision, and thus ineffective assistance of counsel claim cannot stand. Defense counsel's failure to investigate and call witness who swore, in affidavit, that he saw a silver gun on the floor of the victim's vehicle was not shown to be ineffective assistance of counsel, as Defendant failed to make substantial showing of reasonable probability that trial result would have been different but for counsel's failure to call witness. (PALMER and REYES, concurring.)